DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 9769-17                
Ref: Signature date 


This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 February 2018.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 28 January 1976.  You served for a year without disciplinary incident, but during the period from 20 January 1977 to 28 April 1977, you received nonjudicial punishment (NJP) on two occasions.  Although the offenses considered in the first NJP are not apparent in your record, your second NJP was for unauthorized absence (UA) from your unit for a period of 50 days.  Subsequently, you were notified of pending administrative separation by reason of inability to adapt to military service.  The discharge authority approved this recommendation and directed separation under honorable conditions by reason of unfitness and on 4 May 1977, you were discharged. 

The Board carefully weighed all potentially mitigating factors such as the poverty during your upbringing, your heartbreak at your friend’s death, your post service conduct, and your contention that in 60 years of service to your community, country, and New York, you have not faltered and now request an upgrade in your discharge to honorable.  The Board concluded these factors and contentions were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in two NJPs within a three-month period and UA lasting almost two months.  In regard to your contention the Board was sympathetic to the circumstances surrounding your up-bringing and your grief at the tragic loss of your friend, but noted there was nothing in your record and you did not submit any supporting documentations to show that your situation could not be resolved through standard military channels.  The Board in its review discerned no material error or injustice in the discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters. New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely, 


5/20/2019